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§ 727(a)(2)

Marrama v. Citizens Bank (In re Marrama)

Apr
20
2006
Ruling
Denial of discharge was affirmed since fraudulent intent was found.
Procedural posture

Appellant debtor filed for chapter 7 bankruptcy protection. Appellee bank contended in its adversary action that the debtor should have been denied a discharge because of a recent transfer of assets to defraud creditors, pursuant to 11 U.S.C. § 727(a)(2)(A). The bankruptcy court entered summary judgment for the bank; the District Court for the District of Massachusetts affirmed. The debtor filed a further appeal.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 20, 2006 , LexisNexis #0506-058
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Ferguson Enters. v. Lort (In re Lort)

Feb
27
2006
Ruling
Debtor was denied discharge since the debtor showed an intent to defraud in transferring property of a corporation for which debtor was the sole officer and shareholder.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant debtor alleging that the debtor's discharge should be denied pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(5) and also alleged an exception to discharge pursuant to 11 U.S.C. § 523.

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opinion summary, case decided on February 27, 2006 , LexisNexis #0506-029
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Yelin v. Yelin (In re Yelin)

Feb
23
2006
Ruling
Court denied summary judgment on a motion to deny the debtor discharge since a genuine issue of material fact on whether the debtor's statements and omissions in schedules were materially misleading.
Procedural posture

In an adversary proceeding, plaintiff sought (a) denial of defendant debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) (discharge claim) and (b) an exception to discharge of plaintiff's claims pursuant to 11 U.S.C. § 523(a)(2)(A) (dischargeability claim). Before the court was plaintiff's motion for partial summary judgment filed in an adversary proceeding within a chapter 7 case. The motion was limited to the discharge claim.

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opinion summary, case decided on February 23, 2006 , LexisNexis #0306-136
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Spyra v. Finney (In re Finney)

Sep
30
2005
Ruling
Debtor was denied discharge where a debtor concealed assets by conducting an authorized auction pursuant to a contract signed by the debtor's girlfriend.
Procedural posture

Plaintiff, a proposed purchaser of real property from defendant bankruptcy debtor, brought an adversary proceeding against the debtor objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (4)(A). The purchaser alleged that the debtor concealed assets by conducting an unauthorized auction of personalty and that the debtor made a false oath in filing an answer concerning the auction. The bankruptcy court conducted a trial.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-062
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